Hi nelsona,
I apologize if this question comes up a lot, but I want to make sure it applies in my particular situation. Appreciate your help,
I moved from Canada to the US in June 2009 under a F1 student visa. I have accepted a job offer in the US, and will transition directly from F1 OPT to H1B sometime in 2010. I will have only US income in both 2009 and 2010.
1) I need to work it out yet, but it is possible that I will come out on top if I file Resident in US, and non-resident in Canada. Am I correct that I just have to file departure in Canada, and claim Article XXV in the US to do this if I choose, completely disregarding SPT?
2) If I don't claim Article XXV, but still file departure in Canada, I would be non-resident in Canada AND the US. Is this ever beneficial? Is it even legal?
3) Finally, am I also correct that resident in Canada AND the US is impossible under Article XXV? (ie, I would have to pass SPT).
Thanks!
Filing as resident under article XXV.
Moderator: Mark T Serbinski CA CPA
As a quick follow up, I will have very significant US Tuition amounts in both 2009 and 2010.
Under option 1 (departure in Canada and resident in US), would I be able to claim all my tuition in Canada, in particular transfer (up to the maximum) to a family member, and then claim the maximum in the US as well? I see nothing that precludes claiming it on both returns.
Thanks!
Under option 1 (departure in Canada and resident in US), would I be able to claim all my tuition in Canada, in particular transfer (up to the maximum) to a family member, and then claim the maximum in the US as well? I see nothing that precludes claiming it on both returns.
Thanks!
You cannot be non-resident of canada for 2009, due to your student status. You can of course file a 1040 in US by XXV, but that would not change your residency. You can become non-resident when you get H1.
As for deductions, Each return is prepared under its own rules, so a dedcution on one is not prented from being on the other. But the deduction has to qualify on its own merits.
As for deductions, Each return is prepared under its own rules, so a dedcution on one is not prented from being on the other. But the deduction has to qualify on its own merits.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best